Guidelines for

General Election of 26 February 2016

Other Persons

February2016

Published by the Standards in Public Office Commission

Under Section 4(6) (a) of the Electoral Act 1997, as amended.

Contact Details:

Standards in Public Office Commission

Telephone:01 6395666

Email:

Website:

Twitter:@SIPOCIreland

Contents

1. Introduction

2. What is an "Other Person"

3. Statutory Requirements of an “Other Person” with regard to incurring election expenses

4. Payment of invoices to suppliers

5. What are election expenses?

6. Election Expenses Statements

7. Offences and penalties applicable to other persons with regard to incurring election expenses

Appendix 1 - Definitions

Useful information

Value of donation / Net Valuation of donation, including from fundraising events, etc., determines whether a donation needs to be disclosed. Section 22(2)(vi)
€100 / An anonymous donation exceeding this amount cannot be accepted in any calendar year. Section 23(1)
€100 / On receipt of a donation of this value, a political donations account must be opened(if one has not already been opened) by a candidate at the Dáil General Election. Section 23B(1)
€200 / Maximum cash donation that may be accepted by a candidate or his/her party at the Dáil General Election. Section 23A(1)(iii)
€200 / Maximum donation that may be accepted by a candidate at the Dáil General Election from a corporate donor unless the corporate donor is registered in the Register of Corporate Donors maintained by the Commission and a statement, on behalf of the corporate donor confirming that the making of the donation was approved by the corporate donor, is furnished with the donation to the donee. Section 23AA(1)(i) & (ii)
€200 / Maximum aggregate donation that a company, trade union, society or building society can give before reporting it in annual returns made under the Companies Act 1963, or to the Registrar of Friendly Societies or the report of a building society (under the Building Societies Act 1989). Section 26
€600 / All donations received by a candidate at the Dáil GeneralElection exceeding this amount must be disclosed on the Donation Statement. Section 24(4).
€1,000 / Maximum donation that may be accepted by a candidate at the Dáil GeneralElectionin any calendar year from an individual or a registered corporate donor. Section 23A(1)(i)
€1,500 / All donations received by a political party exceeding this amount must be disclosed on the Donation Statement. Section 24(4)
€1,500 / Reporting threshold/maximum aggregate amount in any calendar year that a donor can give to multiple candidates of the same party or to one or more party members and to the party itself before the donor is required to submit a donation statement. Section 24(1A)(a)
€2,500 / Maximum donation that may be accepted by a political party, accounting unit of a political party, or a third party from an individual or a registered corporate donor in any calendar year. Section 23A(1)(ii)

Relevant dates

3 February 2016
to26 February 2016 / Election Period
11 April 2016 / Claims for payment of election expenses, from suppliers, must be received by the election agent by this date
22April2016 / Date by which national agent's Election Expenses Statement must be furnished to the Standards Commission

1. Introduction

1.1These guidelines for the General Election to the thirty second Dáilhave been published by the Standards in Public Office Commission under section 4(6)(a) of the Electoral Act 1997 as amended (the Act).

2. What is an "Other Person"

2.1An “other person” is a person or group who intends to incur expenses at the election to promote or oppose a candidate or a political party. Candidates, their election agents or national agents of political parties are not regarded as “other persons”.

2.2If an “other person” has received a donation exceeding €100, he/she/it will be required to register, separately and additionally, as a third party. See separate guidance note on registering as a third party etc.

3. Statutory Requirements of an “Other Person” with regard to incurring election expenses

3.1An “other person” which proposes to incur expenses at the election must, before incurring any such expenses, separately furnish to the Standards Commission, in writing:

i)the name, address and description of the person proposing to incur the expenses,

ii)a statement of the nature, purpose and estimated amount of such expenses, and

iii)an indication of the person's connection, if any, with any political party or candidate at the election [Section 31(7)].

3.2Once an “other person” has complied with the above requirements and is deemed not to be connected to a political party or a candidate at an election, there is no limit to the amount of expenses which the other person may incur.

4.Payment of invoices to suppliers

4.1Claims for payment of election expenses, from suppliers, must be received by the other person within 45 days after polling day (i.e. 11 April 2016). Claims received after this date cannot be paid by the third parties [Section 34]. It is an offence to make a payment if the claim is received after the 45 days have elapsed. To avoid disputes, it is very important that “other persons” advise their suppliers of this requirement when placing orders for property, goods or services. Even though such claims cannot be paid, they are still regarded as election expenses and must be accounted for in the Election Expenses Statement furnished to the Standards Commission.

5. What are election expenses?

5.1The legislation provides that election expenses are those and only those, set out in the definition of election expenses in Appendix 1, which are incurred in the provision of property, goods or services for use at the election during the election period [Section 31(1)(a) & Schedule to the Act] (3 February 2016to 26 February 2016) in order to:

(i)promote or oppose the interests of a political party or the election of a candidate; or

(ii)present the policies of a political party or the comments of a political party on the policies of another political party or of a candidate at the election; or

(iii)solicit votes for or against a candidate; or

(iv)present the policies of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policies of a political party or of another candidate at the election; or

(v)otherwise to influence the outcome of the election.

5.2Where property, goods or services, which have been provided free or below cost, are used during the election period, they are regarded as election expenses which must be taken into account as election spending by the relevant agent at their commercial price [Section 31(2)]. [An example might be where a printing company agrees to provide, free of charge, election literature which would normally cost €1,500.] This supply of material must be authorised and taken into account at its commercial price less any normal discount which may be available.

5.3Election expenses could include payments to paid campaign workers where receipted.

5.4It is not possible to give definitive examples in these guidelines of all types of election expenses. If you are unsure as to whether an expense item should be accounted for as an election expense you should contact the Standards Commission Secretariat for advice.

6. Election Expenses Statements

6.1Shortly after the election, the Standards Commission will send to an “other person” which notified the Standards Commission of its intention to incur election expenses, an Election Expenses Statement/Statutory Declaration[Section 36(2)]. On this statement, the “other person” must disclose to the Standards Commission details of all expenses incurred and payments made by, or on behalf of, the “other person” in relation to the election. Staff of the Standards Commission Secretariat will be available to assist an “other person” in completing the form. The completed statement must be received by the Standards Commission within 56 days after polling day (i.e., 22 April 2016).

6.2The following must be included on the Election Expenses Statement completed by the “other person”:

  1. details of all expenses incurred and payments made by the “other person”[Section 36(1)(a)],
  2. details of any disputed claims,
  3. details of any late claims for payment (i.e. claims received more than 45 days after polling day which must not be paid) [Section 36(1)(d)].

6.3Invoices, receipts or vouchers for every payment of election expenses exceeding €100must be included with the Election Expenses Statement[Section 31(9)]. The Standards Commission also reserves the right to request any invoice, receipt or voucher for an item of expenditure valued at less than €100 appearing in an Election Expenses Statement or a record of minor expenses.

6.4Minor omissions or errors found by the Standards Commission in an Election Expenses Statement will be notified to the person who furnished the statement. If requested to amend his/her Election Expenses Statement the person must do so within 14 days[Section 4(2)].

6.5The Standards Commission can request additional information in relation to an Election Expenses Statement. Where such additional information is requested, it must be provided in a form determined by the Standards Commission and may have to be accompanied by a Statutory Declaration[Section 36(2A)].

6.6The Election Expenses Statement and Statutory Declaration will be laid by the Standards Commission before both Houses of the Oireachtas[Section 37(1)] and will be made available to the public for inspection and copying[Section 73]. Summary details of the expenditure incurred will also be included in a report to the Chairman of Dáil Éireann [Section 4(1)]and will be published on the website of the Standards Commission.

7. Offences and penalties applicable to other persons with regard to incurring election expenses

7.1If a person who is not authorised to do so incurs expenditure or makes a payment in relation to the election, he or she, on conviction, can be fined up to €2,500.

7.2Failure to notify the Standards Commission of intent to incur election expenses can result in a fine of up to €2,500.

7.3Payment of claims received more than 45 days after polling day (i.e. after 11 April 2016) can result in a fine of up to €2,500.

7.4Failure to make such enquiries and maintain such records as are necessary for the purpose of furnishing an Election Expenses Statement and making a Statutory Declaration may result in a fine of up to €2,500.

7.5Failure to furnish an Election Expenses Statement by the statutory deadline (22 April 2016) can result in a fine of up to €2,500 and an on-going fine of up to €500 per day for any day, after a conviction, on which the Election Expenses Statement is still outstanding.

7.6Failure to provide supplementary information relating to an Election Expenses Statement as requested by the Standards Commission can result in a fine of up to €2,500.

7.7Knowingly furnishing a false or misleading Election Expenses Statement to the Standards Commission can result in a fine of up to €25,394.76 and/or up to 3 years imprisonment.

7.8Failure to furnish to the Standards Commission, within 7 days after the date of the order, a copy of a court order for the payment of a disputed claim may result in a fine of up to €2,500.

Appendix 1 - Definitions

Section 22 of the Electoral Act 1997, as amended, provides the following definitions.

'account' means an account in an institution in the State for the purpose of crediting and debiting money received in respect of donations;[Section 22(2)(aa)]

'election expenses' - section 31 of the Act provides that election expenses shall be those, and only those, listed hereunder:

(a) Advertising (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs incurred in connection with the preparing, producing, distributing or otherwise disseminating such advertising.

(b)Publicity.

Expenses in respect of that matter include expenses incurred in respect of party political broadcasts, the provision of any services or facilities in connection with press conferences or other dealings with the media, media advice and training and photography.

(c) Election posters.

Expenses in respect of such material include the costs of the design, production, printing, erection and removal of election posters - (must be during the election period)

(d)Other election material.

Expenses in respect of such material include the design, production, printing and dissemination of such material (other than posters), including canvas cards, election leaflets, election manifestos, newsletters and other promotional election material.

(e)Office and Stationery.

Expenses in respect of those matters include costs incurred in the rental or use of an office premises or meeting rooms for election purposes (other than for the purposes of annual or other party conferences) and the costs of heating, electricity, insurance, purchase or rental of office equipment, telephones, stationery and postage.

(f) Transport and travel.

Expenses in respect of those matters include expenses incurred on transport and travel (by any means), petrol and diesel, rental or use of campaign vehicles, rental or use of vehicles for transport of voters on polling day, accommodation costs (for paid campaign workers), taxi and hackney services and courier services.

(g) Market research.

Expenses in respect of that matter include expenses incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party, a political group or a candidate at the election.

(h) Campaign workers.

Expenses in respect of that matter include payments to paid campaign workers, insurance and other costs.

'institution' means:

(a) the holder of a licence under section 9 of the Central Bank Act 1971,

(b) a building society incorporated or deemed to be incorporated under the Building Societies Act 1989, or a body incorporated in a corresponding manner under the law of any other member State of the European Communities.

(c) a trustee savings bank within the meaning of the Trustees Savings Bank Act 1989,

(d) ACC Bank plc,

(e) An Post, or

(f) a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 (S.I. No. 395 of 1992) to carry on business in the State;

(Note: this definition does not include a credit union.)

'responsible person' in relation to an accounting unit, means the treasurer or any other person responsible for dealing with donations to the unit, or, in relation to a third party, the person or persons responsible for the organisation, management or financial affairs of the third party;

'third party' means any person, other than a registered political party or a candidate at an election, who accepts, in a particular year, a donation for political purposes, the value of which exceeds €100.

'political purposes' means any of the following purposes namely;

(i)(I) to promote or oppose directly or indirectly, the interests of a political party, a political group, a member of either House of the Oireachtas or a representative in the European Parliament, or

(II) to present, directly or indirectly the policies or a particular policy of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party, or

(III) to present, directly or indirectly, the comments of a political party, a political group, a member of either House of the Oireachtas, a representative in the European Parliament or a third party with regard to the policy or policies of another political party, political group, a member of either House of the Oireachtas, representative in the European Parliament, third party or candidate at an election or referendum or otherwise, or

(IV) to promote or oppose, directly or indirectly, the interests of a third party in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to a policy or policies or functions of the Government or any public authority;

(ii)to promote or oppose, directly or indirectly, the election of a candidate at a Dáil, Seanad or European election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate with regard to the policy or policies of a political party or a political group or of another candidate at the election or otherwise;

(iii)otherwise to influence the outcome of the election or a referendum or campaign referred to in paragraph (i)(IV) of this definition.

'political group' means a group formed in accordance with the rules of procedure of the European Parliament;

'political party' means a political party registered in the Register of Political Parties in accordance with section 25 of the Electoral Act 1992 as a party organised to contest a Dáil election or a European election or both such elections;

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